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Public Policy
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November 22, 2024
Texas Justices Say Court Bungled Ruling In Abortion Case
The Texas Supreme Court said Friday a lower appellate court tried to "prematurely drag the judiciary into highly contentious and politicized debates" around abortion without analyzing a key standing issue, jeopardizing Planned Parenthood's and other abortion rights groups' bid to invalidate the controversial Texas Heartbeat Act.
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November 22, 2024
Europe's Antitrust Enforcer Puts Apple E-Book Probe To Bed
The European Union's antitrust enforcer is dropping its probe into whether Apple's requirement that e-books and audiobooks be bought through in-app purchases in its App Store broke the bloc's competition rules.
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November 22, 2024
Cruz Decries 'Unlawful' Activities In $42.5B Broadband Fund
Sen. Ted Cruz, R-Texas, issued a scathing statement Friday warning the U.S. Commerce Department to discontinue what he contends are "unlawful" activities in administering the $42.5 billion Broadband Equity, Access and Deployment program.
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November 22, 2024
High Court Bar's Future: Sullivan & Cromwell's Morgan Ratner
Morgan L. Ratner has emerged as a leader of the U.S. Supreme Court bar's next generation, and she attributes her ascent to brilliant mentors, a laid-back argument style, an aversion to overconfidence and a firm commitment to clear principles in every case — even if that means reluctantly telling the chief justice, as she once did, that a hypothetical cat stuck in a tree shouldn't be saved.
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November 22, 2024
CFTC Advisers: Current Rules Work For Tokenized Collateral
A U.S. Commodity Futures Trading Commission advisory group on Friday brought the commodities regulator a step closer to clarifying the use of certain tokenized assets as collateral, voting to tell the commission that existing rules can apply to the use of blockchain-based, noncash collateral.
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November 22, 2024
Texas Lacks Reason To Stop Migrant Transport, Groups Say
Immigrant advocacy groups asked a Texas federal judge to end a COVID-19-era executive order that allowed law enforcement officers to pull over people suspected of transporting unauthorized migrants, saying the pandemic is no longer a justification for it.
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November 22, 2024
Democratic SEC Member To Step Down Amid GOP Takeover
U.S. Securities and Exchange Commission member Jaime Lizárraga said Friday that he plans to step down before President-elect Donald Trump takes office, a day after SEC Chair Gary Gensler announced his plans to leave, further clearing the way for new Republican Party leadership.
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November 22, 2024
State Immigration Powers May Strengthen Under Bondi's Lead
Individual states may have more power to craft and enforce immigration laws under the incoming Trump administration, with the president-elect's new nominee for the nation's top prosecutor having previously expressed support for Arizona's "show me your papers" law.
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November 22, 2024
Detainees Ask To Show Jury Inside Of Colo. ICE Facility
Immigrant detainees have asked a Colorado federal judge to allow them to show jurors the inside of a detention facility near Denver run by private prison company Geo Group, arguing that a tour is the best way for jurors to understand key issues in a human trafficking class action involving $1-a-day wages.
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November 22, 2024
Trump Picks Teamsters-Backed Ore. Rep. For Labor Secretary
President-elect Donald Trump announced Friday evening that he plans to nominate Republican Rep. Lori Chavez-DeRemer of Oregon to lead the U.S. Department of Labor.
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November 22, 2024
EPA Targets Stationary Combustion Turbine NOx Emissions
The Biden administration isn't letting Donald Trump's presidential election victory block its air pollution agenda, as it proposed a rule Friday that would strengthen limits on emissions of nitrogen oxides from new gas-fired power plants and other sources.
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November 22, 2024
How A Purple Jacket Led To A Murder Exoneration And $13M
To win compensation under a Massachusetts state law, lawyers for Michael J. Sullivan, who spent 26 years in prison, were required to prove he was innocent of the 1986 crime for which he was convicted. A couple of lucky breaks helped.
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November 22, 2024
New Design Patent Treaty Comes Out Of Riyadh
Delegates from the world's major intellectual property groups signed a treaty Friday that would, if approved, establish new rules to facilitate the filing of design patents.
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November 22, 2024
Trump Taps Hedge Fund Billionaire Bessent To Head Treasury
President-elect Donald Trump on Friday announced that he's selected Scott Bessent, a billionaire hedge fund manager and the founder of Key Square Group, to serve as secretary of the Treasury in his upcoming administration.
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November 22, 2024
Texas Panel Says Gender-Affirming Surgery Suit Too Late
A Texas appellate court has backed a counselor's win in a lawsuit from a former client who came to regret undergoing a double mastectomy following the counselor's recommendation for gender-affirming surgery, finding the claims were time-barred.
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November 22, 2024
Dish To Pay $100K For Failing To Deploy 911 Location Tech
Dish has agreed to pay $100,000 after the Federal Communications Commission said it failed to comply with vertical location rules to help 911 dispatchers find emergency callers.
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November 22, 2024
DOJ Antitrust Head Tracks 'More Aggressive' Criminal Cases
The outgoing head of the U.S. Department of Justice's Antitrust Division used a speech celebrating the anniversary of a major initiative combating bid-rigging and other efforts by government contractors to bilk taxpayer-funded projects to also note that criminal antitrust enforcement more broadly has changed considerably in recent years.
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November 22, 2024
UK Enforcers Concerned Over Apple Mobile Browser Policies
British competition enforcers said Friday that Apple's policies are holding back innovation in the mobile browser space and called for an investigation of the roles played by Apple and Google in the mobile ecosystem under new rules coming into force next year.
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November 22, 2024
Judge Trims Ariz. Reservation Shooting Lawsuit, For Now
A federal district court judge dismissed a majority of claims in a wrongful death lawsuit lodged by the family of a Tohono O'odham Nation man who was shot and killed by Border Patrol agents, but left room for an amended complaint once a proper representative of his estate is appointed.
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November 22, 2024
New Congress Could Undo Rules On Drinking Water, Methane
A consumer advocacy group is warning that Republicans may target a slew of recent and pending regulatory actions when they take control in Washington next year, saying they could make use of the Congressional Review Act to unwind new rules on competition, lead in drinking water, data protection and more.
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November 22, 2024
Hunting Groups Sue Colo. Wildlife Regulators Over Editorial
Pro-hunting groups have said Colorado Parks and Wildlife commissioners violated the state's Open Meetings Law when they jointly authored a newspaper editorial promoting a measure to ban mountain lion, lynx and bobcat hunting, which voters rejected in November.
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November 22, 2024
Capital One 'Abuses' Cast Pall Over Discover Deal, Dems Say
As the Biden administration winds down with Capital One's bid to buy Discover Financial still pending, progressive Democrats led by Sen. Elizabeth Warren and Rep. Alexandria Ocasio-Cortez are putting renewed pressure on federal bank regulators reviewing the deal.
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November 22, 2024
AG Doesn't Rep NJ Housing Group's Interests, Court Told
A nonprofit housing advocacy organization argued in New Jersey state court Friday that it should be allowed to intervene in a constitutional challenge to the state's new affordable housing obligations framework, contending that it represents parties that are not adequately represented by Attorney General Matt Platkin.
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November 22, 2024
Feds Slam Utah High Court Case Over Fed. Land Ownership
The federal government called on the Supreme Court to reject Utah's attempt to file a complaint accusing it of unconstitutionally hoarding and profiting from public lands in the state, saying the justices should decline to exercise original jurisdiction over the matter.
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November 22, 2024
Defamation Suit Against Ga. Election Chief Tossed
A Georgia federal judge on Friday tossed a defamation suit in which a Texas attorney sued Georgia Secretary of State Brad Raffensperger on allegations he suggested she presented "doctored" evidence to state senators in the aftermath of the 2020 election, finding the statements were "substantially true or are hyperbole."
Expert Analysis
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Justices Face Tough Question On HHS Hospital Pay Formula
In Advocate Christ Medical Center v. Becerra, the U.S. Supreme Court will determine whether the U.S. Department of Health and Human Services properly applied certain Medicare reimbursement adjustments to hospitals — a decision that could significantly affect hospitals' ability to seek higher Medicare reimbursement for low-income patients, say attorneys at Sheppard Mullin.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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A Look At Insurance Coverage For Government Investigations
Attorneys at Jenner & Block discuss the quirks and potential pitfalls of insurance coverage for government claims and investigations, including those likely to arise from the U.S. Department of Justice's recently announced whistleblower program.
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Key Healthcare Issues That Hinge On The Election Outcome
The 2024 presidential race, while not heavily dominated by healthcare issues compared to past elections, holds significant implications for the direction of healthcare policy in a potential Harris or Trump administration, encompassing issues ranging from Medicare to artificial intelligence, says Miranda Franco at Holland & Knight.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Crypto.com's Suit Against SEC Could Hold Major Implications
Crypto.com's recent lawsuit against the U.S. Securities and Exchange Commission could affect the operation and regulation of crypto markets in the U.S., potentially raising more questions about the SEC's authority to regulate the industry when it's unclear whether another agency is ready to assume it, say attorneys at McGuireWoods.
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Lessons For Municipalities Facing Cyberattacks
With municipal IT teams facing the daunting task of keeping agencies operational while safeguarding sensitive government data, including residents' and employees' personally identifiable information, there are steps a municipality can take to guard against a major cyberattack, say attorneys at Pillsbury.
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Testing The Waters As New Texas Biz Court Ends 2nd Month
Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.
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Biden Green Card Program Unlikely To Advance Post-Election
Even if Vice President Kamala Harris wins the election and continues a Biden administration policy that would allow certain foreign relatives of American citizens to apply for green cards without leaving the U.S., a challenge in Texas federal court is likely to delay implementation for a long time, says Brad Brigante at Brigante Law.
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New Export Control Guidance Raises The Stakes For Banks
Recent guidance from the Bureau of Industry and Security alerts banks that they could be liable for facilitating export control violations, the latest example of regulators articulating the expectation that both financial institutions and corporations serve as gatekeepers to mitigate crime and aid enforcement efforts, say attorneys at Freshfields.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Planning For Cyber Incident Reporting Requirements In Sports
Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.